Mku Limited And Anr vs. Union Of INDIA And Others
Held
The Court held that the requirement of a license issued by DIPP was not unreasonable and that a license issued by DoC, even if it was a delegatee, did not satisfy the tender condition. The specific nature of the license and the considerations for its issuance by DIPP were deemed relevant.
Facts
Petitioners, who are Export Oriented Units (EOUs), were disqualified from participating in tenders for defense equipment. They had obtained Industrial Licenses from the Department of Commerce (DoC) after the relevant authority for issuing such licenses to EOUs was transferred from the Department of Industrial Policy & Promotion (DIPP) to DoC. The tenders required a license issued by DIPP.
Key Issues
Whether an Industrial License issued by the Department of Commerce to an EOU is equivalent to a license issued by the DIPP for the purpose of tender eligibility. Whether the tender condition requiring a DIPP-issued license was arbitrary.
Sections Cited
Section 30, Registration and Licensing of Industrial Undertakings Rules, 1952
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W.P.(C) 4748/2025 & connected matters
* IN THE HIGH COURT OF DELHI AT NEW DELHI %
Judgment reserved on: 28.11.2025 Judgment delivered on: 23.12.2025
+ W.P.(C) 4748/2025, CM APPLs 21775-21777/2025, CM APPL 47301/2025 & CM APPL 53787/2025 + W.P.(C) 4750/2025, CM APPLs 21780-21782/2025, CM APPL 39747/2025 & CM APPL 53877/2025 + W.P.(C) 4755/2025, CM APPLs 21888-21890/2025 & CM APPL 53870/2025
MKU LIMITED AND ANR
.....Petitioners
versus
UNION OF INDIA AND OTHERS
.....Respondents
Advocates who appeared in this case: For the Petitioners : Ms. Madhavi Divan, Senior Advocate and Mr. Manish Vashisht, Senior Advocate with Mr. Anirudh Sharma, Mr. Rajiv Dalal, Mr. Sanjeev Kr Sharma, Mr. Varun Kesharwani, Ms. Dipti Singh Arya and Mr. Sudhir Atri, Advocates. For the Respondents : Mr. R. Venkatramani, Attorney General with Mr. Vikram Jetly, CGSC, Ms. Shreya Jetly, Mr. Aakash Pathak (GP), Mr. Chitvan Singhal, Mr. Abhishek Pandey, Advocates for UOI alongwith Brig Sidharth Sen, SM, Lt Col Gaurav Chaudhary and Major Anish
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